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Results: 1-10 of 19

Copyright licensee must own at least one exclusive right for standing
  • McDermott Will & Emery
  • USA
  • February 28 2011

Affirming dismissal of a copyright infringement suit brought by one licensee against another, the U.S. Court of Appeals for the Seventh Circuit held that a plaintiff must show that it is the exclusive license of at least one of the divisible rights recognized under the Copyright Act to possess sufficient standing to sue for infringement


Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
  • McDermott Will & Emery
  • USA
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet


Ninth Circuit declares that “the king” is dead (in copyright cases)
  • McDermott Will & Emery
  • USA
  • September 30 2011

Merely weeks after a separate panel considered the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright casesPerfect 10 Inc. v. Google Inc., Case No. 10-56316 (9th Cir., Aug. 3, 2011)the U.S. Court of Appeals for the Ninth Circuit once again held that held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases


Sony is the new “King of the Road”
  • McDermott Will & Emery
  • USA
  • March 30 2012

Considering whether musician Roger Miller’s widow or a music publishing company owned his music catalog, including the hit song “King of the Road,” the U.S. Court of Appeals for the Sixth Circuit reversed a lower court’s decision that found the publishing company liable for copyright infringement thereby vacating an award of almost $1 million in damages


Restoration of copyright in foreign works passes constitutional muster
  • McDermott Will & Emery
  • USA
  • January 27 2012

A 1994 statute extended U.S. copyright protection to foreign works previously unprotected in the United States, removing an estimated “millions” of foreign works from free, public domain availability


Restoration of copyright in foreign works passes constitution muster
  • McDermott Will & Emery
  • USA
  • January 31 2012

In a 6-2 decision, the Supreme Court of the United States affirmed a decision by the United States Court of Appeals for the Tenth Circuit upholding a federal law that restored copyright protection to foreign works that had entered the public domain in the U.S


Supreme Court to decide if first sale doctrine permits importation of foreign-made copyrighted works without authorization
  • McDermott Will & Emery
  • USA
  • April 27 2012

The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit


Circuit split on whether copyright registration must be obtained before filing an infringement action
  • McDermott Will & Emery
  • USA
  • June 30 2010

Copyright owners in the Ninth Circuit recently received same clarity concerning meeting the statutory prerequisites for filing copyright infringement actions from the U.S. Court of Appeals for the Ninth Circuit


Supreme Court to decide application of first sale doctrine to foreign-made copyrighted works
  • McDermott Will & Emery
  • USA
  • May 30 2012

The U.S. Supreme Court has agreed to hear a case involving “gray market” resale of copyrighted works and the defense of the “first sale doctrine.”


“Caught Up” not substantially similar to “caught Up”
  • McDermott Will & Emery
  • USA
  • February 29 2012

Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct